The law to amend in equal footing as the development of technology. After the proliferation of internet usage in smartphones options of gathering evidence for investigative
agencies also increased. The legislators need to embrace technology
should enact policies and procedures that make it more accessible for law
enforcement officials to access information within a specified period of time. Timelines
should be legislatively fixed in obtaining the information for any criminal prosecution.
Imagine if the Law enforcement officials have the access to seek more
information in solving cases. Thus,
saving of valuable court time and pending cases for want of solid evidence to
nab the wrongdoer will be drastically be reduced from a legal point of view.
A different modus operandi.
The Geofence warrant We know that
Google collects and retains location data from a device running the Android
operating system. If the user activated GPS it's easy to identify user
location, cell site/cell tower triangulation/trilateration, precise measurement
information like timing advance or per call measurement data, wi-fi location
and internet protocol address based on the information.
Any android device using google
products with that location data, google to access easily particular geographic
area, the specific time frame of its users. This information can inculpate or
exculpate a user’s by showing that the user was or was not, near a specific
location at that time which often provides a clue to the user identity,
location that tremendously assist with police investigations of criminal
activity.
By analysing the data law enforcement
officials effortlessly to identify users who may have witnessed or participated
in any offences or who may be a potential witness.
Legislators should recognize the
technology-centric approach
A search warrant is legally required
to obtain geofencing information.
Usually, law enforcement officers
apply for a search warrant when they have a solid reason to believe that a
particular person has involved in a particular crime and that the warrant will
uncover evidence thereof.
If law enforcement officers find
difficulty in resolving the crime for lack of evidence at the crime scene. He
approaches the judiciary for issuance of Geofence warrant. The issuance of the
warrant after level of probable causes evaluated by the judiciary such as
Failure to issue may lead to loss of critical evidence from an investigative or
prosecutorial viewpoint.
Like in the USA, If the Geo warrant
introduced to the Indian Legal system without eroding Invasion of privacy.
Craft legislation to issue Geo fence
warrants if there is a reason to believe that the records sought are relevant
to a legitimate law enforcement inquiry supported by probable cause before
acquiring such records. That enable law
enforcement agencies to gain access will enhance broaden nature of the searches
for investigation.
The Policy be framed that Evidence
gathered through this warrant should be admissible in judicial proceedings,
preliminary hearings, bail hearings, and other non-trial proceedings
Established Model.
This concept is not new already
Railway Department ticket issuing Application UTS use this model for booking
Sub Urban ticket. A user to book a ticket through this application within the
range of 5 kms to 30 meters radius of sub urban railway stations will be
allowed to book ticket. If the user within 30 meters closer limit to any
railway station the application will not allowed to book the tickets.
Recently Greater Noida region
launched Geo-Inspection edition mobile application for collection &
updation of solid waste/Bulk waste Generators based on Geo-Fence aspect.
Conclusion.
In coming years technology to play a greater role in the court procedures to help litigants
In this Digital world only least, the
user leaves without a digital footprint in the borderless virtual world.
By adopting new emerging technology will ensure that criminals cannot be allowed to get away scot-free for lack of evidence. Law reform initiatives to aid as it can benefit litigants at large that improve access for justice and faster resolution of disputes.
